(PC) Cruz v. Ostrander, et al.

Filing 42

ORDER DENYING 22 Plaintiff's Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 6/3/2021. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO TRUJILLO CRUZ,

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Plaintiff,

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v.

1:19-cv-00994-AWI-JLT (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT OF
COUNSEL

LT. J. OSTRANDER, S. SAVOIE,

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Defendants.

(Doc. 22)

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On December 3, 2020, Plaintiff filed a motion seeking the appointment of counsel. (Doc.
22.)

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Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v.

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Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to

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represent Plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. U.S. Dist. Ct. for the S. Dist. of

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Iowa, 490 U.S. 296, 298 (1989). The Court may request the voluntary assistance of counsel under

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section 1915(e)(1). Rand, 113 F.3d at 1525. However, without a reasonable method of securing

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and compensating counsel, the Court will seek volunteer counsel only in the most serious and

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exceptional cases. In determining whether exceptional circumstances exist, the district court must

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evaluate both the likelihood of success of the merits and the ability of the plaintiff to articulate his

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claims pro se in light of the complexity of the legal issues involved. Id.

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///

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In the present case, the Court does not find the required exceptional circumstances. Even

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assuming that Plaintiff is not well-versed in the law and that he has made serious allegations,

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which, if proved, would entitle him to relief, his case is not exceptional. This Court is faced with

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similar cases almost daily. At this stage in the proceedings, the Court cannot determine whether

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Plaintiff is likely to succeed on the merits. Moreover, based on a review of the record, the Court

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finds that Plaintiff can articulate his claims adequately. Id.

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For the foregoing reasons, the Court DENIES Plaintiff’s motion for the appointment of
counsel. (Doc. 22.)

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IT IS SO ORDERED.
Dated:

June 3, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

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